Clarke v. Acme Building Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James K. Clarke, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on 2d day of February, 1911, denying the plaintiff’s motion to vacate an order as resettled, setting aside a verdict and granting a new trial.
1Opinion of the Court
Dowling, J.:
The learned justice was not only clearly within his rights in resettling the order granting a new trial, but it was his duty to state the grounds upon which the new trial was granted in the order directing same. (General Rules of Practice, rule 31.) Nor is there any question but that in its final form the order correctly states the ground upon which he set aside the verdict, as he intimated to plaintiff’s counsel, while the jury were deliberating, he would do if it were for the plaintiff. But we think that, in view of the situation in which plaintiff was placed, through no fault…
2Cited by3 opinions
- Shea v. JudsonNew York Court of Appeals · 1940
- Shapiro v. KaronAppellate Terms of the Supreme Court of New York · 1922
- Clarke v. Acme Building Co.Appellate Division of the Supreme Court of the State of New York · 1911